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MATTER OF BROWN v. VENETTOZZI

526242.

164 A.D.3d 1583 (2018)

84 N.Y.S.3d 592

2018 NY Slip Op 06308

In the Matter of Robert Brown, Petitioner, v. Donald Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 27, 2018.

Petitioner was charged in a misbehavior report with drug use after his urine twice tested positive for THC 50 (cannabinoids). Following a tier III disciplinary hearing, petitioner was found guilty of the charge and a penalty was imposed. Upon administrative review, the determination was affirmed. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge the determination.

We confirm. The misbehavior report, positive urinalysis test results and related...

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